GURVINDER KAUR Vs. TEJINDER SINGH AND ORS.

JUDGEMENT

(1.) Petitioner has challenged the order dtd. 19/7/2016 passed by Civil Judge (Junior Division), Patiala, allowing the application under Order 1, Rule 10 CPC filed by respondents No.1 and 2.

(2.) At the time of issuance of notice of motion on 30/9/2016, following order was passed by this Court:-

(3.) Respondents No.1 and 2 filed an application under Order 1, Rule 10 CPC for impleading them as necessary party in the suit. The suit was filed by the plaintiff Smt. Gurvinder Kaur against the defendant Devinder Kaur Mavi and others claiming estate of Satvinder Singh being legally wedded wife of Satvinder Singh (since deceased). Satvinder Singh (since deceased) husband of the plaintiff was owner in possession of the suit property as shown in the plaint. During lifetime of Satvinder Singh, he entered into an agreement to sell dtd. 7/3/2011 with Tejinder Singh and Ranjit Kaur and received entire sale consideration from them and also handed over the possession to the aforesaid Tejinder Singh and Ranjit Kaur. The prospective vendees claimed themselves to be in possession of the suit property and it was pleaded that Satvinder Singh through his attorney Gurnam Singh son of Rattan Singh entered into agreement to sell in respect of his property and the attorney received an amount of Rs.4,00,000.00 as earnest money from Ranjit Kaur and the date of execution of sale deed was fixed as 7/3/2011. The remaining amount of sale consideration was agreed to be paid on the date of execution of sale deed i.e. 7/3/2011. On 7/3/2011, Satvinder Singh personally approached to the prospective vendees and instead of executing the sale deed in favour of Ranjir Kaur, another agreement to sell dtd. 7/3/2011 in favour of Tejinder Singh and Ranjit Kaur was executed and the entire remaining sale consideration was received towards full and final payment. Satvinder Singh received an amount of Rs.21,32,000.00 from the prospective vendees namely Tejinder Singh and Ranjit Kaur and assured that he will get the sale deed executed as and when they will call for the same. No date was fixed for execution of sale deed in the agreement to sell dtd. 7/3/2011. Thereafter, Satvinder Singh returned to USA and the sale deed was not executed and registered.